Inland Wetlands Commission
MINUTES
Regular Meeting
August 12, 2009 7:30 p.m.
31 Pecks Lane, Newtown, CT
Present: Peters, Kotch, Salling, Pieragostini, Curran, Cramer and Bryan
Staff Present: Ann Astarita, Conservation Official and Margaret Wilkin, Clerk
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Commissioner Peters convened the meeting at 7:32 p.m.
Show Cause Hearings
There were none
Other Violations
There were none
Public Hearings
Commissioner Peters made a motion to move Item #09-27 Hattertown LLC, 22 and 24 Hattertown Road, Newtown, Connecticut - Application for a five lot subdivision to the top of the Agenda. Seconded by Commissioner Pieragostini. The vote was unanimous. Commissioner Peters made a motion to schedule this matter for public hearing on the Agenda of September 23, 2009. Seconded by Commissioner Kotch. The vote was unanimous.
#09-15 William Joyce Sherman Road & Berkshire Road. Application for a 38 lot subdivision.
Commissioner Salling recused herself.
Robert Uskevich, Esq., Pomperaug Office Park, Soutbury, Connecticut, representing the applicant introduced soil scientists George Logan and Sigmun Gadwa of REMA Ecological Services LLC, 164 East Center suite, Manchester, Connecticut. Mr. Logan and Ms. Gadwa addressed the engineer consultant’s general site plan comments. Larry Edwards, Professional Engineer, 227 Stepney Road, Easton, Connecticut, answering a question about salt spreading, said that this would be the responsibility of the town. Commissioner Pieragostini wanted additional time to digest the information submitted. Commissioner Kotch would like to see a report verifying that there would be no environmental impact and would like to research the option of cluster housing. Commissioner Curran asked for an alternate
plan with fewer lots showing minimal impact on the wetland.
Commissioner Peters asked if there were any comments from the public.
Tanja Gouveia, 15 Sherman Street, was still concerned about the vernal pools.
Richard Boritz, 30 Still Hill Road, submitted an e-mail sent to Rob Sibley identifying 17 watercourses around the property.
Pam Davis, 25 Sherman Street, was concerned about fertilizers and pesticides and the associated impact on the wetland and wildlife. She also questioned the location of the bridge and dam maintenance.
Tracy Terry, Old Mill Road, spoke with DEP and felt that an independent survey should be done.
Dan Holmes, 6 Farmery Lane, read and submitted comments for the file.
The Commission agreed that a conservation expert should be hired to look into any possible endangered species on the property.
The applicant submitted a written request to extend the hearing.
The Meeting took a brief recess.
#09-22 Norman Nagy, 12, 38, 40 Cold Spring Road. Application for restoration of a dam and the dredging of a pond
Commissioner Curan recused herself.
Larry Edwards, P.E., 227 Stepney Road, Easton, verified that the disposal area was not wetland. He submitted two photos of the haul road and location of the planned sediment pump. Jim McManus, JMM Wetland Consulting Services, 25 Church Street, Newtown pointed out the only location of fringe wetlands. Once this Commission approves the application, they can apply to the DEP for a permit to divert the water for dam construction.
Commissioner Pieragostini made a motion to close the hearing. Seconded by Commissioner Kotch. The vote was unanimous.
Pending Applications
#09-03 Simm Lane, LLC, 3-6 Simm Lane. Application related to the removal of a violation. The Commission would like to proceed with or without notification from CL&P and make a decision on this property at the next meeting.
#09-10 Lewis & Maria Gotch, 18 Bridge End Farm Lane. Application related to the removal of a violation.
The applicant has not contacted the office. Commissioner Pieragostini made a motion to DENY the application as incomplete
1. Specifically that the applicant has not provided the Commission with complete detailed plans describing the extent of the impact on the functionality of the regulated wetlands of the pre-disturbed site.
2. Specifically that the applicant has not provided the Commission with the description of the current state of the functionality of the regulated area
3. Specifically that the applicant has not provided the Commission with complete detailed plans describing the extent of the impact on the functionality of the regulated wetlands of the proposed mitigation.
Seconded by Commissioner Curan. The vote was unanimous.
Ms. Astarita will send a letter confirming the re-filing deadline and fine, which if unpaid within 30 days would be raised to $1,000 and possible legal solution sought.
#09-18 Alan Laurenco, 56 Schoolhouse Hill Road. Application related to the removal of a violation. The extension has expired. Ms. Curan made a motion to DENY the application as incomplete.
1. Specifically that the applicant has not provided the Commission with complete detailed plans describing the extent of the impact on the functionality of the regulated wetlands of the pre-disturbed site
2. Specifically that the applicant has not provided the Commission with the description of the current state of the functionality of the regulated area
3. Specifically that the applicant has not provided the Commission with complete detailed plans describing the extent of the impact on the functionality of the regulated wetlands of the proposed mitigation
Seconded by Mr. Bryan. The vote was unanimous.
Ms. Astarita will send a letter notifying the applicant that unless they submit a complete application a fine will be levied against them.
#09-23 David & Wendy Clark, 9 Taunton Lake Road. Application to cut down trees. The Commission agreed to extend the hearing for 30 days.
#09-24 Neil & Ann Marie Unger, 46 Shepard Hill Road. Application related to the removal of a violation
Christine Unger will seek professional advice and submit plans clearly showing what they want to do. The Commission agreed to an extension.
#09-25 John & Alisa Farley, 6 Pond View Drive. Application related to the removal of a violation
Alisa Farley showed plans of what they want to do. Mr. Bryan made a motion APPROVE this application with standard conditions A, B, C E and the approved plans for the mitigation are “Revision to Mitigation Planting Plan (orig. 4/8/09), John and Alisa Farley, 6 Pond View Drive, Prepared by Alisa Farley on July 26, 2009”
The applicant will complete the plantings within we months of the approval, and
A quarterly status report will be submitted to the Commission until the project is complete
Seconded by Commissioner Salling. The vote was unanimous.
#09-26 Noranda Metals Industries, 11 Prospect Drive & 40/50 Mile Hill Road South. Application in response to DEP order to remediate contaminated groundwater.
Lucas Hellerich, Project Manager, AECOM, 500 Enterprise Drive, Rocky Hill, Connecticut submitted notification to abutters and letter to the United Water Company. He also submitted “The Noranda Forge Fin Site Post-Remediation Rectification Measures & Wetland Monitoring Plan” 2/25/08 (rev. 4/14/08). Human Health Risk Study & Ecological Risk Management was done and approved by DEP. The Commission will look at the information and discuss it at the next meeting.
Approval of Minutes - This was tabled till a future meeting
Acceptance of New Applications
Modification P02-05 H&F LLC, 29 Canterbury Lane. Location: lot 3 New England Woods. - Application accepted
Road Ordinance – Commissioner Kotch asked if the Road Ordinance can be added to each future Agenda.
The meeting was adjourned at 11:50 p.m.
Inland Wetlands Comission
DRAFT MINUTES
Regular Meeting
August 12, 2009 7:30 p.m.
31 Pecks Lane, Newtown, CT
Present: Peters, Kotch, Salling, Pieragostini, Curran, Cramer and Bryan
Staff Present: Ann Astarita, Conservation Official and Margaret Wilkin, Clerk
------------------------------------------------------------------------------------------------------------------------------
Commissioner Peters convened the meeting at 7:32 p.m.
Show Cause Hearings
There were none
Other Violations
There were none
Public Hearings
Commissioner Peters made a motion to move Item #09-27 Hattertown LLC, 22 and 24 Hattertown Road, Newtown, Connecticut - Application for a five lot subdivision to the top of the Agenda. Seconded by Commissioner Pieragostini. The vote was unanimous. Commissioner Peters made a motion to schedule this matter for public hearing on the Agenda of September 23, 2009. Seconded by Commissioner Kotch. The vote was unanimous.
#09-15 William Joyce Sherman Road & Berkshire Road. Application for a 38 lot subdivision.
Commissioner Salling recused herself.
Robert Uskevich, Esq., Pomperaug Office Park, Soutbury, Connecticut, representing the applicant introduced soil scientists George Logan and Sigmun Gadwa of REMA Ecological Services LLC, 164 East Center suite, Manchester, Connecticut. Mr. Logan and Ms. Gadwa addressed the engineer consultant’s general site plan comments. Larry Edwards, Professional Engineer, 227 Stepney Road, Easton, Connecticut, answering a question about salt spreading, said that this would be the responsibility of the town. Commissioner Pieragostini wanted additional time to digest the information submitted. Commissioner Kotch would like to see a report verifying that there would be no environmental impact and would like to research the option of cluster housing. Commissioner Curan asked for an alternate
plan with fewer lots showing minimal impact on the wetland.
Commissioner Peters asked if there were any comments from the public.
Tanja Gouveia, 15 Sherman Street, was still concerned about the vernal pools.
Richard Horitz, 30 Still Hill Road, submitted an e-mail sent to Rob Sibley identifying 17 water courses around the property.
Pam Davis, 25 Sherman Street, was concerned about fertilizers and pesticides and the associated impact on the wetland and wildlife. She also questioned the location of the bridge and dam maintenance.
Tracy Terry, Old Mill Road, spoke with DEP and felt that an independent survey should be done.
Dan Holmes, 6 Farmery Lane, read and submitted comments for the file.
The Commission agreed that a conservation expert should be hired to look into any possible endangered species on the property.
The applicant submitted a written request to extend the hearing.
The Meeting took a brief recess.
#09-22 Norman Nagy, 12, 38, 40 Cold Spring Road. Application for restoration of a dam and the dredging of a pond
Commissioner Curan recused herself.
Larry Edwards, P.E., 227 Stepney Road, Easton, verified that the disposal area was not wetland. He submitted two photos of the haul road and location of the planned sediment pump. Jim McManus, JMM Wetland Consulting Services, 25 Church Street, Newtown pointed out the only location of fringe wetlands. Once this Commission approves the application, they can apply to the DEP for a permit to divert the water for dam construction.
Commissioner Pieragostini made a motion to close the hearing. Seconded by Commissioner Kotch. The vote was unanimous.
Pending Applications
#09-03 Simm Lane, LLC, 3-6 Simm Lane. Application related to the removal of a violation. The Commission would like to proceed with or without notification from CL&P and make a decision on this property at the next meeting.
#09-10 Lewis & Maria Gotch, 18 Bridge End Farm Lane. Application related to the removal of a violation.
The applicant has not contacted the office. Commissioner Pieragostini made a motion to DENY the application as incomplete
1. Specifically that the applicant has not provided the Commission with complete detailed plans describing the extent of the impact on the functionality of the regulated wetlands of the pre-disturbed site.
2. Specifically that the applicant has not provided the Commission with the description of the current state of the functionality of the regulated area
3. Specifically that the applicant has not provided the Commission with complete detailed plans describing the extent of the impact on the functionality of the regulated wetlands of the proposed mitigation.
Seconded by Commissioner Curan. The vote was unanimous.
Ms. Astarita will send a letter confirming the re-filing deadline and fine, which if unpaid within 30 days would be raised to $1,000 and possible legal solution sought.
#09-18 Alan Laurenco, 56 Schoolhouse Hill Road. Application related to the removal of a violation. The extension has expired. Ms. Curan made a motion to DENY the application as incomplete.
1. Specifically that the applicant has not provided the Commission with complete detailed plans describing the extent of the impact on the functionality of the regulated wetlands of the pre-disturbed site
2. Specifically that the applicant has not provided the Commission with the description of the current state of the functionality of the regulated area
3. Specifically that the applicant has not provided the Commission with complete detailed plans describing the extent of the impact on the functionality of the regulated wetlands of the proposed mitigation
Seconded by Mr. Bryan. The vote was unanimous.
Ms. Astarita will send a letter notifying the applicant that unless they submit a complete application a fine will be levied against them.
#09-23 David & Wendy Clark, 9 Taunton Lake Road. Application to cut down trees. The Commission agreed to extend the hearing for 30 days.
#09-24 Neil & Ann Marie Unger, 46 Shepard Hill Road. Application related to the removal of a violation
Christine Unger will seek professional advice and submit plans clearly showing what they want to do. The Commission agreed to an extension.
#09-25 John & Alisa Farley, 6 Pond View Drive. Application related to the removal of a violation
Alisa Farley showed plans of what they want to do. Mr. Bryan made a motion APPROVE this application with standard conditions A, B, C E and the approved plans for the mitigation are “Revision to Mitigation Planting Plan (orig. 4/8/09), John and Alisa Farley, 6 Pond View Drive, Prepared by Alisa Farley on July 26, 2009”
The applicant will complete the plantings within we months of the approval, and
A quarterly status report will be submitted to the Commission until the project is complete
Seconded by Commissioner Salling. The vote was unanimous.
#09-26 Noranda Metals Industries, 11 Prospect Drive & 40/50 Mile Hill Road South. Application in response to DEP order to remediate contaminated groundwater.
Lucas Hellerich, Project Manager, AECOM, 500 Enterprise Drive, Rocky Hill, Connecticut submitted notification to abutters and letter to the United Water Company. He also submitted “The Noranda Forge Fin Site Post-Remediation Rectification Measures & Wetland Monitoring Plan” 2/25/08 (rev. 4/14/08). Human Health Risk Study & Ecological Risk Management was done and approved by DEP. The Commission will look at the information and discuss it at the next meeting.
Approval of Minutes - This was tabled till a future meeting
Acceptance of New Applications
Modification P02-05 H&F LLC, 29 Canterbury Lane. Location: lot 3 New England Woods. - Application accepted
Road Ordinance – Commissioner Kotch asked if the Road Ordinance can be added to each future Agenda.
The meeting was adjourned at 11:50 p.m.
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